Possession Of Cocaine, F.S. 893.13(6)(A)

What Are the Legal Penalties for Cocaine Possession in Palm Beach County, Florida?

Anyone charged with possessing cocaine in Florida must be aware of the consequences associated with this controlled narcotic. Possession of cocaine can have serious repercussions in West Palm Beach, Florida, ranging from fines to jail time. This post will offer a thorough examination of the consequences of possessing cocaine in Palm Beach County, Florida, as well as insightful advice for anyone looking for legal counsel.

Cocaine is categorized as a Schedule II controlled substance, which means it has a high potential for misuse and can result in serious psychological or physical dependence. Florida maintains tight drug laws. As a result, people detected in possession of this medication face severe consequences from the state. Should you find yourself charged with possessing cocaine, you must understand these consequences and obtain the counsel of an experienced criminal defense attorney.

Important Tips Related to Florida’s Cocaine Possession Penalties

  • Penalties vary depending on the amount of cocaine possessed
  • Defenses may be available depending on the circumstances of the case
  • Consulting with a knowledgeable West Palm Beach cocaine attorney is essential

What Are the Different Categories of Cocaine Possession Charges in Florida?

The amount of cocaine involved determines the classification of possession charges in Florida. Knowing the precise charges you might be facing is crucial because the punishments for each category differ greatly. The following are the top six subtopics about the penalty for possessing cocaine in Florida:

  • Possession of less than 28 grams of cocaine
  • Possession of 28 grams to 200 grams of cocaine
  • Possession of 200 grams to 400 grams of cocaine
  • Possession of 400 grams to 150 kilograms of cocaine
  • Possession of more than 150 kilograms of cocaine
  • Potential defenses for cocaine possession charges

What Are the Penalties for Possessing Less Than 28 Grams of Cocaine in Florida?

In Florida, it is a third-degree crime to possess less than 28 grams of cocaine. This violation carries some very serious punishments, such as:

  • Up to 5 years in prison
  • Up to 5 years of probation
  • Fines up to $5,000
  • Driver’s license suspension for up to 2 years

For more information on this specific charge, refer to Florida Statute 893.13 and the Wikipedia page on drug possession.

How Do Penalties Increase for Possessing Larger Amounts of Cocaine in Florida?

The penalties rise in proportion to the quantity of cocaine possessed. The following is a comprehensive chart that lists the fines associated with carrying more cocaine in Florida:

Amount of CocaineChargePenalties
28 grams to 200 gramsFirst-degree felony (trafficking)Minimum 3 years in prison, up to 30 years; fines up to $50,000
200 grams to 400 gramsFirst-degree felony (trafficking)Minimum 7 years in prison, up to 30 years; fines up to $100,000
400 grams to 150 kilogramsFirst-degree felony (trafficking)Minimum 15 years in prison, up to 30 years; fines up to $250,000
More than 150 kilogramsFirst-degree felony (trafficking)Life imprisonment without parole; fines up to $250,000

For more information on these charges, refer to Florida Statute 893.135.

What are some related Drug Attorney topics I may find helpful?

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What Are Some Potential Defenses for Cocaine Possession Charges in West Palm Beach, Florida?

A knowledgeable cocaine lawyer in West Palm Beach can assist you in fending off allegations of cocaine possession using a number of possible arguments. Several of these defenses consist of:

  • Challenging the legality of the search and seizure
  • Arguing that the cocaine belonged to someone else
  • Presenting evidence of entrapment by law enforcement
  • Questioning the accuracy of drug testing methods

For more information on potential defenses, consult with a knowledgeable West Palm Beach cocaine attorney at LeRoy Law.

A Hypothetical Case of Cocaine Possession in West Palm Beach, Florida

Consider the following scenario: Someone is stopped for a normal traffic check in West Palm Beach, Florida. The policeman pulls over the person and finds a little bag of cocaine inside their possession. After then, the person is taken into custody and accused of possessing cocaine. Under Florida law, the person would be subject to severe legal repercussions in this case.

The punishments the person could receive vary depending on the specifics of the case, including the quantity of cocaine discovered and any past criminal history. These sanctions could involve fines, probation, drug rehab centers, or even jail time. To navigate the complicated legal system and get the best result possible, the person must speak with a knowledgeable cocaine possession defense lawyer.

Key Takeaways on Florida’s Cocaine Possession Penalties

  • Cocaine is classified as a Schedule II controlled substance in Florida.
  • Penalties for cocaine possession can include fines, probation, drug treatment programs, and imprisonment.
  • The severity of the penalties depends on the amount of cocaine found and the individual’s prior criminal history.
  • Seeking the assistance of an experienced cocaine possession defense attorney is crucial for achieving the best possible outcome.

How LeRoy Law Can Help You with Florida’s Cocaine Possession Penalties

As a skilled criminal lawyer with expertise in defending clients facing cocaine possession charges in West Palm Beach, Florida, I understand the complexities of the legal process and the importance of providing personalized representation. At LeRoy Law, we are committed to protecting your rights and achieving the best possible outcome for your case. For more information on how we can assist you with Florida’s cocaine possession penalties, please call me.

Frequently Asked Questions About Florida’s Cocaine Possession Penalties

1. What is the legal definition of cocaine possession in Florida?

Being in real or constructive possession of cocaine is considered possession in the state of Florida. Constructive possession refers to the ability to control cocaine even in situations where it is not physically on the user, as opposed to actual possession, which denotes that the cocaine is on the person.

2. What are the penalties for simple possession of cocaine in Florida?

In Florida, simple possession of cocaine is classified as a third-degree felony, carrying a maximum sentence of five years in jail, five years of probation, and a $5,000 fine. The particular punishments are determined by the facts of the case as well as the offender’s past criminal record.

3. How does the amount of cocaine found affect the penalties?

The punishments meted out to an individual might be greatly influenced by the quantity of cocaine discovered. Greater quantities could lead to more serious accusations, such drug trafficking, which has harsher punishments like mandatory minimum prison terms.

4. Can a first-time offender receive a lighter sentence?

A reduced sentence or diversionary programs like drug court or probation may be available to first-time offenders. However, the particulars of the case as well as the prosecutor’s and judge’s discretion will determine this.

5. What defenses can be used in a cocaine possession case?

In a case involving cocaine possession, common defenses include contesting the legality of the search and seizure, claiming that the accused did not possess the drug or have control over it, or providing proof of a valid prescription.

6. How can a criminal lawyer help with a cocaine possession case?

In addition to evaluating the evidence, identifying potential defenses, negotiating with the prosecutor, and representing the client in court, a criminal lawyer can offer skilled legal guidance. A cocaine possession case might have a big impact on the result from an expert lawyer.

7. What should I do if I am facing cocaine possession charges in West Palm Beach, Florida?

Seeking the advice of a skilled criminal attorney is imperative if you are charged with cocaine possession in West Palm Beach, Florida. A knowledgeable lawyer can assist you navigate the difficult legal system and defend your rights.

 

Disclaimer: LeRoy Law tries to ensure the accuracy of this article. However, Florida Statutes change, case law changes, and as such, errors may occur. LeRoy Law assumes no responsibility for any errors or omissions in this article. LeRoy Law encourages you to utilize our links to relevant Florida Statutes. Contact my office at [561-290-2730] if you have any questions or require legal assistance.

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    This Criminal Defense Firm is managed by a West Palm Beach, Boca Raton, Boynton Beach, Lake Worth and Delray Beach Criminal Defense Attorney who is an experienced Cocaine attorney in West Palm Beach.

    Cocaine possession defense attorney Joshua LeRoy, Esq. is dedicated to providing his clients with personalized, honest, and aggressive representation in any areas of criminal law in West Palm Beach, Boca Raton, Boynton Beach, Lake Worth, Delray Beach, Jupiter & the surrounding areas of Palm Beach County in the State of Florida.

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